Additional statements
section 387c(a)(2) of title 21section 387t(a) of title 21section 1333 of this titleExcept to the extent the Secretary requires additional or different statements on any cigarette package by a regulation, by an order, by a standard, by an authorization to market a product, or by a condition of marketing a product, pursuant to the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), or as required under or , no statement relating to smoking and health, other than the statement required by , shall be required on any cigarette package.
State regulations
No requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this chapter.
Exception
Notwithstanding subsection (b), a State or locality may enact statutes and promulgate regulations, based on smoking and health, that take effect after the effective date of the Family Smoking Prevention and Tobacco Control Act, imposing specific bans or restrictions on the time, place, and manner, but not content, of the advertising or promotion of any cigarettes.
Pub. L. 89–92, § 579 Stat. 283 Pub. L. 91–222, § 284 Stat. 88 Pub. L. 111–31, div. A, title II123 Stat. 1845 (, , ; , , ; , §§ 202(a), 203, , , 1846.)
Editorial Notes
References in Text
Pub. L. 111–31123 Stat. 1776 section 301 of Title 21The Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (a), is div. A of , , . For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under , Food and Drugs, and Tables.
Pub. L. 111–31The effective date of the Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (c), probably means the date of enactment of , which was approved .
Amendments
Pub. L. 111–31, § 202(a)section 387c(a)(2) of title 21section 387t(a) of title 212009—Subsec. (a). , substituted “Except to the extent the Secretary requires additional or different statements on any cigarette package by a regulation, by an order, by a standard, by an authorization to market a product, or by a condition of marketing a product, pursuant to the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), or as required under or , no” for “No”.
Pub. L. 111–31, § 203Subsec. (c). , added subsec. (c).
Pub. L. 91–2221970—Subsec. (b). substituted provision that no requirement or prohibition based on smoking and health should be imposed under State law with respect to the advertising or promotion of any cigarettes which packages are labeled in conformity with the provisions of this chapter for provision that no statement relating to smoking and health should be required in the advertising of any cigarettes which packages are labeled in conformity with the provisions of this chapter.
Pub. L. 91–222Subsecs. (c), (d). struck out subsecs. (c) and (d) relating to the authority of the Federal Trade Commission with respect to unfair or deceptive advertising acts or practices, and reports to Congress by the Secretary of Health, Education, and Welfare and the Federal Trade Commission. See sections 1336 and 1337 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
Pub. L. 91–222, § 384 Stat. 90